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The top court has further asked the two constitutional functionaries to run the selected name through the Chief Justice of the Delhi High Court for his approval so that the decision can be finalised by Thursday.
The Supreme Court today directed the Government of National Capital Territory of Delhi (GNCTD) and the Lieutenant Governor VK Saxena to set aside their political differences and come up with a name for the Chairman of the Delhi Electricity Regulatory Commission (DERC).
Senior Advocate AM Singhvi told the bench today that DERC was headless.
"Can we allow the DERC to become functional, both these constitutional functionaries may sit together and come up with a name..either you allow them to function, you have to come up from political bickering..", the CJI orally observed then.
Hearing this, Senior Counsel Harish Salve, appearing for the Delhi LG told the bench also comprising Justices PS Narasimha and Manoj Mishra that he had no problem with the Court's suggestion.
"..the constitutional functionaries can sit together and come up with a solution, Mr Singhvi cannot say I dont have any hope, you are creating a mood in which the other person says we can't do it..", Salve added.
Court then asked the parties to apprise it of their decision on Thursday after the Constitution bench wraps up. CJI further added,
"If you would have authorised the CJI to come up with a name, I would have done it in 15 mins..So much work of the government is done away from the public glare, both the public functionaries should sit together, talk to each other, give a message to both of them that this is the way we expect them to work. We will keep it after the Constitution Bench at about 3: 30 PM on Thursday and we will take it up.."
The Supreme Court on July 4, 2023 had issued notice on a plea by GNCTD challenging the decision of Delhi 's Lieutenant Governor to appoint retired Justice Umesh Kumar as chairman of the DERC.
Referring to Section 45(D) of the GNCTD Act, Singhvi had then said, "..this has to be stayed..delhi is governed by such boards..the government gives upto 200 free units of electricity, they want to appoint their own chairman and stop this free electricity..".
Court was further told that the petition raises a point of law regarding the validity of Section 45D, as amended by the latest Ordinance issued by the Centre, which gives overriding powers to the Lieutenant Governor over the elected government.
Case Title: GNCTD Vs UOI
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